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PH. Motion by Zisla, seconded by O’Brien, 6 Ayes - 0 Nays. Motion Carried. TO CLOSE THE UBLIC EARING Livingston asked Larson to comment on the drainage. Larson said the City should study the problem of excessive amounts of water draining from the Salem Baptist Church site. The City can ensure that water from the Hollywood Video site does not drain to neighboring property. Larson said the Comp Plan Task Force recommended the area east of Silver Lake Road be zoned B-1. Larson said he agreed with the Task Force’s recommendation. Schiferl stated he would like to have the developer withdraw the application. Hilger responded he did not wish to withdraw the application. Hilger stated that even though there is a recommendation to rezone the site, he stated the owner, Ashland Oil, would vigorously oppose such rezoning. Hilger stated the only issue to be decided this evening is the granting of a Special Use Permit for the parking setback. The rest of the application conforms to the requirements of the present zoning. The applicant has offered the reverse site plan. Hilger asked the Commission to favorably consider the setback request in view of precedents which have been set in New Brighton. O’Brien stated that he was on the Task Force that recommended the property be rezoned to B-1. However, that action has not been taken. O’Brien commented he wished the zoning was B-1; however, the application is appropriate for the B-3 zoning. Zisla stated he did not think the Special Use Permit would not be approved by the Commission. Zisla stated berming should be seriously considered. The Commission discussed the procedural options available to the Commission. Hilger stated that Hollywood Video would be amenable to reviewing the landscape plan, a plan for a berm, and the drainage plan with the City Engineer, the City Planner and any interested neighbors. The review could be made part of the approval conditions. A resident expressed concern about a soil compactor causing damage to the homes. Hilger answered there are many types of compactors and there would probably not be any damage to the neighboring homes. Zisla asked if Hilger was saying “probably not” or that no damage would be done. Zisla stated there was a huge difference between probably not and no. Hilger stated he could not answer that question with assurance. A geotechnical engineer would probably say there would be none. LP-354VN-323, Motion by Schopf, seconded by O’Brien, TO RECOMMEND APPROVAL OF AND SUBJECT . TO CONDITIONS The Commission discussed the conditions outlined in the planning report. Motion by Schiferl, seconded by Zisla, to amend the motion to limit the hours of operation to 10:00 pm and eliminate condition #5. 6 Ayes - 0 Nays. Motion Carried. Garage Setback Variance Randall Rein Teague reviewed the planning report concerning a front yard setback variance for the purpose of constructing a detached garage at 575 2nd Avenue NW. Livingston said this is a public hearing and asked if anyone in the audience wanted to speak on the issue. I:\COMMISSIONS\PLANNING\MINUTES\1999\06-15-99.WPD 9